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Drafting More Effective Contracts

The competitive edge that all transactional attorneys need

  • Product Number: 2190112P01
  • CLE Credits, earn up to:
    3 substantive credits, 0 ethics credits CLE Credit Note
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Audio CD
Made to order; please allow up to 2 weeks for delivery. No supporting materials included. $135.00; Sponsor Members $121.50; New Lawyers $101.25
On Demand video and audio
On demand video and audio recordings
Available for purchase after Thursday, 3/7/2019 for instant access to this program.
  • Product Description
  • Agenda & Materials
  • Faculty
  • Pricing
  • Product Description

    Product Description

    Drafting effective contracts is a basic function of all transactional attorneys. The goal is to draft a contract that accurately reflects the business deal, properly allocates risk, is readily understood, and stands up to hostile, rigorous post-execution examination— while educating your clients and meeting their aggressive timeline. Learn about best practices in drafting and negotiating processes, key terms and conditions, and common pitfalls. Hear what clients expect from outside counsel during negotiations and in codifying deals. Learn how to make the most effective use of current technologies. Hear the faculty explain tried-and-true techniques to remove impasses and discuss the ins-and-outs—from the initial email to final executable—using practical, modern-world examples and critical analysis.

    In a competitive, increasingly digitized environment with limited resources, the lawyer who efficiently strikes an effective balance between achieving the right level of contractual protection and negotiating to reflect their clients’ risk-tolerance is most likely to be repeatedly engaged. Bring your questions!

  • Agenda

    Agenda & Materials

    • Drafting in the Digital Age; Redlining/Blacklining; Digital Signatures

    • Contract Models: Classic; Clickwrap; Webwrap; Blockchain Smart Contracts

    • Sources of Negotiating Power in Contract Drafting; Intentional Ambiguity; Contra Proferentem; Contracts of Adhesion

    • Lawyers as Problem Solvers; Techniques for Overcoming Impasse; Decision Trees

    • Building Blocks of a Sound Contract; Use and Function of Representations, Warranties, Covenants, and Conditions

    • Defensive Techniques and Limiting Damages; Disclaimers of Consequential Damages; Indemnities; and Common Carve-Outs

    • Key Issues in Nondisclosure, Business Associate, and Settlements and Release Agreements

    • Nuisances under Massachusetts Common Law

    • Negotiation Archetypes

    • "Ask the Experts" Q&A Session

    Special Program Materials:

    Please Note

    MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

  • Faculty

    Chair

    Frank S. Maniscalco, Esq., Advocate Mercantile LLC, Boston

    Faculty

    Alisha R. Bloom, Esq., Versant Legal LLC, Arlington
  • Pricing

    Fees

    • $220.50 - MCLE Sponsor Member
    • $183.75 - New Lawyer
    • $183.75 - Pending Admittee
    • $183.75 - Law Student
    • $183.75 - Paralegal
    • $245.00 - All Others